Bail and release

Court by court

New York

The judge must make an individual decision about whether you pose a risk of flight to avoid prosecution, choose the kind and degree of control needed to reasonably assure your return to court, and explain that choice on the record or in writing ^[3]. For a charge that is not a "qualifying offense," the court must release you on recognizance unless it finds on the record that recognizance will not reasonably assure your return; if it so finds, it must use non-monetary conditions ^[4]. For a qualifying offense, the judge may release on recognizance, release under non-monetary conditions, or fix bail ^[5].

If you are held on a felony complaint for more than 120 hours (144 hours if a weekend day or legal holiday falls in that time) without a preliminary hearing or disposition, you must, on application, be released on recognizance, subject to exceptions such as an indictment already voted ^[6]. If you are held more than 45 days for grand jury action without action by the grand jury, the same release on application applies, subject to its exceptions ^[7].

New Jersey

Unless there is a detention hearing, the court must make a release decision without unnecessary delay and no later than 48 hours after you are committed to jail ^[8]. It must release on personal recognizance or an unsecured appearance bond when that reasonably assures appearance, safety and no obstruction ^[9]. If conditions are needed, they must be the least restrictive ones that will work ^[1].

The prosecutor may move to hold you until trial for listed crimes, including any crime or offense involving domestic violence, or where the prosecutor believes there is a serious risk of non-appearance, danger or obstruction ^[10]. The detention hearing must be held no later than the first appearance, or within three working days if the motion is filed later; a defense continuance is limited to five days and a prosecution continuance to three, except for good cause ^[11]. You have the right to a lawyer at that hearing ^[12]. A detained person may not be held more than 90 days before indictment, not counting excludable time, unless the court makes the findings the statute requires ^[13].

Florida

Except for a capital or life-punishable charge where the proof is evident or the presumption great, every person charged is entitled to pretrial release on reasonable conditions, and those conditions always include no contact with the victim; a person may be held if no conditions can reasonably protect the community, assure presence at trial, or protect the process ^[2]. A detention hearing must be held within 5 days of the first appearance or of the detention motion, depending on the charge ^[14]. If you are in custody and the state has not filed formal charges within 30 days of arrest, the court must order release on recognizance on day 33 (day 40 for good cause) unless charges are filed, and no one may be held past 40 days uncharged ^[15].

Pennsylvania

Bail before verdict must be set in all cases as permitted by law ^[16]. The types of release are release on recognizance, non-monetary conditions, unsecured bail bond, nominal bail and a monetary condition; a monetary condition may not be greater than necessary to reasonably ensure appearance and compliance ^[17]. No one may be held in pretrial incarceration more than 180 days from the filing of the complaint, as the rule computes it; the defendant may then move for immediate release on nominal bail ^[18].

Federal court

The judge must order release on personal recognizance or an unsecured appearance bond unless that will not reasonably assure appearance or will endanger another person or the community ^[19]. When conditions are needed, they must be the least restrictive ones that will reasonably assure appearance and safety ^[20]. A detention hearing is held immediately at the first appearance unless a party asks for a continuance; a defense continuance may not exceed five days and a government continuance three days, not counting weekends and holidays, except for good cause ^[21]. A detained defendant's trial must start within 90 days of the start of continuous detention, not counting excluded periods ^[22].